Surya Prakash Kesarwani, J. - (1.) Heard Sri Sahab Tiwari, learned counsel for the petitioner and Sri H.C. Pathak, learned standing counsel for the State -respondents. Submission of the learned counsel for the petitioner is that the petitioner was initially appointed in Civil Police and subsequently, he was sent to the Intelligence Department, where he served more than 25 years and yet he is not being repatriated to his parent department, i.e., Civil Police despite repeated request. He submits that no consent was given by the petitioner for sending him to the Intelligence Department and as such in view of the Government Order dated 6.1.1956 as well as the policy decision dated 24.10.1999, he cannot be retained in the Intelligence Department and he must be repatriated to the Civil Police. He therefore, submits that the impugned order dated 5.5.2013 had been passed in breach of the aforesaid Government Order and the policy decision of the State Government.
(2.) In support of his submission, learned counsel for the petitioner relied upon the judgment of this Court in the case of Ranbir Singh Malik v/s. Inspector General of Police, Intelligence Department, U.P., Lucknow and another, : 2003 (3) ESC (All) 1404 and the judgment in the case of Ashok Kumar Singh v/s. State of U.P. and others, : 1998 (2) AWC 960.
(3.) Learned standing counsel supports the impugned order.;